1.
Purpose. Structures
or districts with special historic, cultural, architectural or educational
significance enhance the quality of life for all residents of the
Borough of Homestead, Allegheny County, and the Commonwealth of Pennsylvania.
Accordingly, the purposes of the Historic Overlay District(s) are:
A.
To protect that
portion(s) of the Borough reflecting the cultural, economic, social,
political and architectural history of the Borough of Homestead, Allegheny
County, the Commonwealth of Pennsylvania, and the nation.
B.
To preserve
property values, attract future residents and strengthen the local
economy.
C.
To foster public
education, awareness of local history and civic pride in the beauty
and accomplishments of the past.
D.
To establish
special development requirements and procedures to assure that new
construction, reconstruction, alteration, rehabilitation, restoration
or demolition of buildings within the district(s) enhances the character
of the district(s).
1.
Map. The map
entitled "Borough of Homestead Zoning Map" is the official Zoning
Map for the Borough and illustrates the historic district(s) as overlays
to the underlaying districts.
An Historic Architectural Review Board (HARB)
is hereby created subject to the following requirements:
1.
Membership.
A.
The HARB shall
be a joint municipal board of the Boroughs of Homestead, West Homestead,
and Munhall. Members shall be appointed by the Borough Councils. The
HARB shall be composed of not less than eight members. One member
shall be a registered architect appointed at-large by the three Borough
Councils; one member shall be a licensed real estate broker appointed
at-large by the three Borough Councils; one shall be a building inspector
of each of the three Boroughs; and the remaining three members shall
be one person from each of the three Boroughs who is a resident of
that Borough and who has knowledge of and interest in the preservation
of historic districts.
B.
Each HARB member
shall serve a term of three years and may be reappointed for an unlimited
number of terms by the Borough Councils. HARB members shall serve
without compensation, but shall be reimbursed for any personal expenditures
in the conduct of HARB business.
C.
HARB members
are required to disqualify themselves from voting on any project in
which their own financial interests are directly or indirectly involved.
2.
Meetings.
A.
The HARB shall
meet monthly at a regularly prescribed date and meeting place, and
at other times as its Chairperson may deem necessary. All meetings
of the HARB shall be open to the public. A simple majority of the
HARB shall constitute a quorum, and action taken at any meeting shall
require the affirmative vote of a majority of the HARB members present.
B.
The HARB shall
adopt such rules and regulations as it considers necessary in the
administration of its duties. It shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact. It shall keep records of its
hearings and other official actions, all of which shall be immediately
filed with the Borough Secretary and shall be a public record.
C.
The HARB shall
prepare an annual report of its activities and present it to the Borough
Council(s) by February 1 of each year.
3.
Powers and duties.
The HARB shall have the power and duty to:
A.
Coordinate local
historic preservation efforts with those of the Pennsylvania History
and Museum Commission and the National Trust for Historic Preservation.
B.
Sponsor public
information activities, when deemed appropriate, publicizing historic
preservation efforts, including speaking engagements, press releases,
the preparation and publication of maps, brochures and descriptive
materials in the Boroughs, etc.
C.
Conduct an inventory
and classify historic resources according to the criteria in this
Part.
D.
Recommend areas
and buildings to the Borough Council(s) for designation as historic
overly districts.
E.
Review and make
recommendations to the Borough Council(s) on applications for certificates
of appropriateness pursuant to the requirements of this Part.
F.
Develop and
recommend to the Borough Council(s) specific guidelines for each historic
district prior to the establishment of such district, delineating
specific criteria for the approval of certificates of appropriateness,
in addition to the criteria listed in this Part.
G.
Recommend the
establishment of an appropriate system of markers for selected historic
and/or architectural sites, buildings and structures, including proposals
for the installation and care of such historic markers.
H.
Advise owners
of historic buildings on problems and issues of preservation, renovation,
restoration and maintenance.
Historic resources included in an overlay district
may include districts, individual structures or groups of structures,
land, or land and structures in combination, provided that the resource
has architectural or historical significance to the community.
1.
Classification
of historic districts. The following kinds of districts may be included
in an Historic Overlay District established by the Borough Council:
A.
National Register
Historic District: an area listed as an historic district on the National
Register of Historic Places.
B.
Certified Historic
District: an area designated as an historic district by local ordinance
which has been certified as significant by the Pennsylvania Historical
and Museum Commission according to the provisions of the Historic
District Act (Act 167 of 1961).
C.
Local Historic
District: an area designated as a historic district by the Borough
Council, which has local historical or architectural significance
but lacks federal or state recognition.
2.
Classification
of structures within historic districts. Within any Historic Overlay
District, all principal structures shall be classified based on their
contribution to the overall character and integrity of the district
in the following categories:
A.
Significant:
structures that are outstanding examples of the architecture of the
district or of major importance in the history of the district.
B.
Contributing:
structures that may lack individual significance, but which contribute
to the overall historic or architectural character of the district.
C.
Noncontributing
or intrusion: structures that do not contribute to the overall historic
or architectural character of the district.
3.
Classification
of historic resources not in historic districts. Individual structures,
groups of structures, land, or land and structures in combination,
may be designated by the Borough Council by ordinance as historic
resources in the overlay district and shall be subject to the provision
of this Part. In designating properties not listed in historic districts
for inclusion in an historic overlay districts, the following kinds
of properties shall be eligible:
A.
Properties listed
on the National Register of Historic Places or evaluated by the National
Park Service or the Pennsylvania History and Museum Commission as
eligible for listing on the National Register.
B.
Properties identified
as having outstanding historic or architectural significance in a
state historic resource survey or other competent inventory and with
the recommendation of the HARB.
4.
Procedure for
designation.
A.
The HARB shall
have the responsibility of recommending to the Borough Council the
adoption of ordinances designating sites or areas as historic overlay
districts.
B.
Prior to the
designation of any historic overlay district, the Historic Architectural
Review Board shall submit to the Borough Council a report and recommendation
on the historical and architectural significance of the site or area
to be designated. Such report shall also attempt to provide an indication
of the economic status of the property or properties under consideration
for designation, including assessed value, recent real estate transactions
or other appropriate data. The report shall also recommend the boundaries
of any proposed historic district and recommend standards and guidelines
for the approval of certificates of appropriateness in the proposed
district.
1.
For all land
and buildings located within an Historic Overlay District, a certificate
of appropriateness must be approved by the Borough Council prior to
the issuance of a building and/or demolition permit.
2.
Activities requiring a certificate. With the exception of the uses and activities described in Subsection 3, Exempt activities, a certificate of appropriateness will be required for the following:
A.
The erection
of any building or structure, including signs, within an Historic
Overlay District;
B.
The reconstruction,
alteration or restoration of the exterior of any building or structure
within an Historic Overlay District; or
C.
The razing,
demolition or movement of any building or structure within an Historic
Overlay District.
3.
Exempt activities.
A certificate of appropriateness shall not be required for alterations
to building interiors or for normal repairs and maintenance to building
exteriors, such as repainting, provided such repair and maintenance
activity does not include any change in color or any structural alterations.
4.
Application requirements.
Applications for certificates of appropriateness required by this
section shall be made to the Zoning Officer on forms provided, together
with architectural sketches, elevations and other information described
on the application form.
5.
Notice of public
meetings. Prior to considering any application for a certificate of
appropriateness required by this section, the Historic Architectural
Review Board shall provide public notice of the date, time and location
of the public meeting at which the HARB shall consider the application
for any such certificate. Such notice shall appear at least one time
in a newspaper having general circulation in the Borough, and shall
appear no less than seven days prior to the date of such public meeting.
6.
Recommendation
by the Historic Architectural Review Board. Within 15 days after the
public meeting to consider the application for a certificate of appropriateness,
the HARB shall submit its written recommendation to the Borough Council.
7.
Action by the
Borough Council. Within 45 days after receipt of the recommendation
from the HARB, or if no recommendation is received, then 60 days after
the public meeting, the Borough Council shall either:
8.
Notice of decision.
The Borough Council shall notify the applicant of its decision in
writing and, in the case of a denial, specify the reasons therefor.
The recommendation and decision on an application
for a certificate of appropriateness shall be based on the following
standards as are applicable to the particular activity and/or use
of the property and the buildings thereon:
1.
Standards for
new construction. New construction in an Historic Overlay District
will be certified as appropriate if it is compatible with the scale
and basic design elements of adjacent and neighboring buildings which
are classified as significant and contributing and with distinguishing
site design elements of the district. The intent is not to require
or encourage new buildings to look like old buildings, but to assure
pleasing and harmonious relationships between old and new that will
maintain and strengthen the architectural character of the historic
district. The following design elements shall be considered in the
evaluation of the appropriateness of new construction:
A.
Building height.
New buildings should be constructed to a maximum height that is within
10% of the average height of neighboring buildings.
B.
Elevation proportion.
The relationship between the height and width of the front elevation
of a new building should be within 10% of the average proportions
of adjacent buildings.
C.
Proportion of
openings. The relationship of height to width of windows and doors
of a building should be within 10% of the proportions of windows and
doors of adjacent buildings.
D.
Spacing of windows
and doors. The spacing of windows and doors in the front facade of
a building should be similar to adjacent buildings.
E.
Horizontal lines.
Header and sill lines of a building should be located at similar heights
or elevation as the horizontal lines of adjacent buildings.
F.
Spacing of buildings
on street. Setbacks and side yards of new buildings should be similar
to those on adjacent parcels. Placement of sidewalks and projection
of porches should be similar to adjacent buildings.
G.
Roofs. The shape,
style and material of the roof of a new building should be similar
to the roofs of adjacent and surrounding buildings.
H.
Building materials.
Building materials should be compatible with materials commonly used
within the historic district.
I.
Color. The predominant
color of a building and the color of its trim should be compatible
with the colors of surrounding buildings.
J.
Architectural
details. The use of specific architectural elements and details such
as porches, dormers, cornices, brackets, quoins, balustrades and the
like may be used to strengthen the relationship of new construction
to the existing architecture of the district. However, such detailing
is not sufficient to assure appropriateness if the structure is not
related to its surroundings in terms of massing, rhythm and proportions.
K.
Landscaping.
The use of plant materials that are traditional in the district should
be encouraged. Similarly encouraged is the use of paving and fence
materials that are traditional in the district.
2.
Standards for rehabilitation. Except as provided in Subsection 3 below, the following standards for rehabilitation shall be used by the HARB when determining if a rehabilitation project is appropriate. These standards are a section of the Secretary of the Interior's "Standards for Historic Preservation Projects," and appear in Title 36 of the Code of Federal Regulations, Part 1208 (formerly 36 CFR Part 67).
A.
Every reasonable
effort shall be made to provide a compatible use for a property which
requires minimal alteration of the building, structure or site and
its environment, or to use a property for its originally intended
purpose.
B.
The distinguishing
original qualities or character of a building, structure or site and
its environment shall not be destroyed. The removal or alteration
of any historic material or distinctive architectural features should
be avoided when possible.
C.
All buildings,
structures and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to
create an earlier appearance shall be discouraged.
D.
Changes which
may have taken place in the course of time are evidence of the history
and development of a building, structure or site and its environment.
These changes may have acquired significance in their own right, and
this significance shall be recognized and respected.
E.
Distinctive
stylistic features or examples of skilled craftsmanship which characterize
a building, structure or site shall be treated with sensitivity.
F.
Deteriorated
architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color,
texture and other visual qualities. Repair or replacement of missing
architectural feature should be based on accurate duplications of
features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
G.
The surface
cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage
the historic building materials shall not be undertaken.
H.
Every reasonable
effort shall be made to protect and preserve archaeological resources
affected by, or adjacent to, any project.
I.
Contemporary
design for alterations and additions to existing properties shall
not be discouraged when such alterations and additions do not destroy
significant historical, architectural or cultural material, and such
design is compatible with the size, scale, color, material and character
of the property, neighborhood or environment.
J.
Whenever possible,
new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in
the future, the essential form and integrity of the structure would
be unimpaired.
3.
Standards for
additions to noncontributing structures. The appropriateness of additions
to noncontributing structures in historic districts shall be judged
primarily in terms of their visual impact on nearby properties. Additions
should generally be certified as appropriate if their size is minor
in relation to the total structure and if they do not significantly
increase the visual appearance of incompatibility between the noncontributing
structure and neighboring structures which are contributing or significant.
4.
Standards for
signs. All signs within the Historic Overlay District shall comply
with the sign regulations which are applicable in the underlying zoning
district, unless excepted under the provision of this subsection hereunder,
and with the additional special standards for signs contained elsewhere
in the Borough's Zoning Chapter.
A.
A sign which
meets the requirements of the underlying district must still be certified
as appropriate in relation to the specific building on which it is
to be located and in terms of compatibility with signs in the surrounding
area; compliance with the underlying zoning district requirements
does not guarantee approval of a certificate of appropriateness.
B.
The HARB may
recommend and the Borough Council may issue a certificate of appropriateness
for a sign which is not permitted by the regulations of the underlying
zoning district if the proposed sign is shown to be historically accurate
by documentation acceptable to the HARB.
C.
In addition
to the sign regulations found in Part 9, the following shall apply.
(1)
No flashing,
animated or glaring signs will be permitted.
(2)
Signs will
be placed on the face of the building, except for entrance and directional
signs or a ground-mounted identification sign as an alternate to an
identification sign on the building.
(3)
No building-mounted
sign shall project above the roofline of the building.
(4)
Only open
lettering will be permitted and at a size that is appropriate to the
scale of the building; however, each letter will not exceed a maximum
height of six feet.
(5)
Sign copy
shall be restricted to the company name, logo and principal product.
(6)
Directional
signs will be of a uniform type and permanent quality and will not
exceed four square feet in area
(7)
Ground-mounted
identification signs will not exceed 35 square feet in area.
(8)
No billboards
or similar advertising signs will be permitted except a sign advertising
a property for sale.
5.
Standards for
demolition or relocation of structures.
A.
In the case
of a building to be razed, demolished or moved, the HARB and the Borough
Council shall consider the extent to which the loss of the building
will detract from the Historic Overlay District and the purposes of
this section and the public benefit to be gained by preserving the
building or district in comparison to any loss or hardship to be suffered
by the property owner.
B.
If the initial
recommendation of the HARB is against the proposed demolition, a period
of 90 days shall be provided during which the HARB shall attempt to
negotiate with the applicant in order to achieve an acceptable alternative
to the proposed demolition. If agreement is not reached by the end
of the ninety-day period, the HARB shall transmit its negative recommendation
to the Borough Council, which shall issue or deny a certificate of
appropriateness based on its consideration of all of the information
presented. If the Borough Council authorizes issuance of a permit
for demolition after a negative recommendation from the HARB, a permit
shall not be issued for 10 days, during which time the HARB may request,
and the Borough Council may order that issuance of a permit be delayed
for an additional 90 days in order to allow documentation of the resource
prior to its destruction.
[Amended 8-8-2013 by Ord. No. 1218]
1.
Condition. No person owing any
building or structure within the Historic Overlay District shall permit
or cause such building or structure to suffer demolition by neglect.
2.
Definition. "Demolition by neglect"
exists where there is:
A.
Deterioration of exterior walls
or other vertical supports, roofs or other horizontal members and
external chimneys, such that the structural integrity of the building
may be threatened or compromised;
B.
Ineffective waterproofing of
exterior walls, roofs or other horizontal members and external chimneys,
such that the structural integrity of the building may be threatened
or compromised;
C.
Significant rotting and forms
of decay;
D.
Missing, damaged or broken exterior
doors or windows that, as a result of their being missing, damaged
or broken and not being boarded up or otherwise secured to remedy
their missing, broken or damaged condition:
(1)
Facilitate possible ingress or egress by trespassers, vagrants, or
others intending to enter the structure or building without proper
legal authority or permission to do so;
(2)
Allow precipitation to enter the interior of the building or structure;
and/or
(3)
Allow insects, rodents and/or other pests or vermin to gain access
to the interior of the building or structure.
E.
Creation of any hazardous or
unsafe condition or conditions.
[Amended 8-8-2013 by Ord. No. 1218]
1.
Code Enforcement Officer. The
Code Enforcement Officer shall have such power to institute a proceeding
at law or in equity to enforce the provisions of this Part as is provided
elsewhere in the Code of the Borough.
2.
Fines.
A.
Any person demolishing or razing
or causing the demolition or razing of all or part of any building
or structure without first obtaining a certificate of appropriateness
in accordance with this Part shall be punishable as a summary offense
with a fine of not more than $1,000 plus costs of prosecution and,
on default of payment, imprisonment for up to 30 days.
[Amended at time of adoption of Code (see AO)]
B.
Any person permitting or causing
demolition by neglect shall be subject to a fine of $100 per day for
every day that said condition remains unabated or uncorrected after
having received written notice of such condition from the Borough.
For each missing, broken or damaged exterior door or window of such
building or structure existing in violation of this chapter, said
person shall additionally and separately pay a fine of: a) $100 per
day, per door, for each missing, damaged or broken exterior door existing
in violation of this chapter; and b) a fine of $100 per day, per window,
for each missing, damaged or broken exterior window existing in violation
of this chapter.
